mr. fredrick said that if you only -- if you're that's just wrong. here is a minimum royalty that every cable company pays so that is just wrong. this is not a case as mr. frederick would like to say where the user pushes a button and after that point a hapless bystander.

mr. fredrick said that if you only -- if you're that's just wrong. here is a minimum royalty that every cable company pays so that is just wrong. this is not a case as mr. frederick would like to say where the user pushes a button and after that point a hapless bystander. >> they are not just a passive bystander. maybe in the reproduction context just pushes a button there is only one person that reproduces but what is the conduct is answered by the transmit clause. congress specifically looked at this and said there are going to be lots of situations where the accepteder sends a transition to the user and the sender of that transition if it allows a con terp rainous performance unlike the record company, they are a transmitter. >> tell me the consequences of our decision today. >> do you put them out of business or do they go and negotiate a license with every caller: right holder? they are not a cable company, they are not a satellite company so they can't go into those systems of payment. what happens now? >> it gets back to chief justice's questio